Social Media Cases

Social Media: Fitzgerald v Dianna Smith t/a Escape Hair Design [2010] FWA 735

In certain circumstances out of hours use of social media by an employee may justify termination of their employment.

The case of Rose v Telstra established the principle that an employee may be validly dismissed for out of hours conduct if the conduct if likely to cause serious damage to the relationship between the employer and the employee, damage to the employer’s interests, or is otherwise incompatible with the employee’s duties.

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